Legal Opinion

Iskalo 5000 Main LLC v. Town of Amherst Industrial Development Agency

Appellate Division of the Supreme Court of the State of New York

Decided February 3, 2017No. Appeal No. 2Published

1Opinion of the Court

Appeals from a judgment (denominated order) of the Supreme Court, Erie County (John L. Michalski, A.J.), entered July 29, 2016 in a proceeding pursuant to CPLR article 78. The judgment reversed the determination of respondent denying the application of petitioners, granted the application of petitioners and denied the request of respondent for attorney’s fees.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by dismissing the petition and reinstating the determination, and as modified the judgment is affirmed without costs.

Memorandum: Petitioners…

2Cases cited8 opinions

  1. Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
  2. Peckham v. CalogeroNew York Court of Appeals · 2009
  3. Tall Trees Construction Corp. v. Zoning Board of AppealsNew York Court of Appeals · 2001
  4. LEGARRETA, M.D., EDWARD A. v. NEAL, M.D., MELISSA A.L.Appellate Division of the Supreme Court of the State of New York · 2013
  5. Koch v. SheehanNew York Court of Appeals · 2013

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